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HomeMy WebLinkAbout1998-12-21city council minutesBook 39 Page 323 REGULAR MEETING DECEMBER 2I, I998 7:00 P.M. The Meeting was called to order by Mayor Nancolas, The Invocation was offered after which the Mayor requested that everyone remain standing for the Pledge of Allegiance to the Flag. SPECIAL, PRESENTATIONS AND INTRODUCTION OF SPECIAL VISITORS The Mayor noted the presence of Mrs. Jackson's Government Class from the Caldwell High School and welcomed them to the meeting. Mayor Nancolas stated that this was the time set for presenting special presentations and acknowledge citizens in the community. At this time, he would like to talk about a gentleman who has been in the community for a long period of time and has given literally his entire life to the betterment of this community. The Mayor read a message about Dr. Waterman and a brief summary of his life. In conclusion, he stated that it was with great pleasure that the City of Caldwell present to Dr. Waterman a plaque representing the gratitude of the community. The plaque read: "In Honor of Dr. Wilbur L. Waterman for forty -seven years of dedicated and humble service to improve the health of Caldwell's children in practice from 1951 to 1998 ". Mayor Nancolas informed everyone that there were several more presentations to make, but will reserve those until a more appropriate time. The Roll of the City Council was called with the following members present: Earl, Ozuna, Langan, Wells, Gable, and Evans. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA The Mayor asked if there were any additions or deletions to be made to the prepared Agenda. It was MOVED by Earl, SECONDED by Ozuna that under the Consent Calendar, they would like to delete Item 4, which was to approve an agreement between the City of Caldwell and the Chamber of Commerce; and also Item No 7, which was to approve bid for asbestos removal at Old Jefferson; they would like to move Item No. 5, the bid for Street Department track to New Business as Item No. 3A; also, would like to add an item under the Consent Calendar to approve acceptance by Resolution of the Street Finance Report. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION The Mayor asked if there was anyone from the audience who cared to address the City Council at this time with regard to an item that was not included on the prepared Agenda. Jay Vaughn, 1603 Alder, was recognized by the Mayor and stated that he had two things he wanted to discuss. FIe would like to have the mobile speed indicator placed on the corner of Alder and Iowa for at least one week so his neighbors could see how fast they were driving north on Iowa. Also, he would like to have a traffic control device or a patrolman to be at the off ramp of 1 -84 at Franklin from 3 :00 p.m. until 6:00 p.m. Monday through Friday before someone was killed there. Book 39 Page 324 CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for consideration by the Members of the City Council: 1. Dispense with the reading of the minutes of the Regular City Council Meetings of November 2, 1998, and November 16, 1998, and approve as corrected and December 7, 1998, and approve as written; 2. Accept the minutes from the following Boards and Commissions: The Housing Authority Meeting of October 7, 1998, and November 4, 1998; the Planning and Zoning Commission Meetings of September 24, 1998, October 22, 1998, November 12, 1998, and November 23, 1998; 3. Approve the appointment of Matt Beebe to the Planning and Zoning Commission for a three year term beginning on January 1, 1999; 4. Approve the Tenth Avenue Overpass Consultant Services Agreement; S. Approve the reappointment of Ann Day to the Library Board of Trustees for a five year term; 6. Approve Resolution authorizing the appointment of Mayor Nancolas as the designated representative to serve on the Regional Public Transportation Authority; 7. Approve acceptance of a deed for right of way — John and Sallie Palleria; 8. Approve appointment of Margaret Langan and Ruby Arbaugh as special liaisons to the Senior Citizen Board; 9. Approve Resolution to accept the City of Caldwell Street Finance Report. MOVED by Gable, SECONDED by Earl to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (PUBLIC HEARING ON THE ADOPTION OF THE CITY STORMWATER POLICY) The Mayor noted that this was the time and place set for the Public Hearing on the adoption of the City Stormwater Policy. This matter was not Quasi Judicial, but was Legislative so those requesting to testify will not have to be swom in. The Mayor opened the Public Hearing and noted that no one was signed to speak to this matter. He then asked the City Engineer to present the background information on this item. Gordon Law, the City Engineer, addressed the Mayor and City Council stating that the matter before them actually involves two parts. One of them was consideration of the Stormwater Policy itself, but the implementing action to be taken by Council was the adoption of an Ordinance that includes the Policy as the action arm of the Ordinance. On February of this year, the Stormwater Policy was presented to the Council. After discussion and public testimony, it was the instruction from the City Council that the matter be returned to the Engineering Department and workshops be held with Council to further explain the provisions that were included. Also, the instructions suggested that a more collaborative effort with the City of Nampa in particular on some of the provisions in the Policy with the hope that Nampa might feel inclined, and the City of Caldwell, to present a more uniform ordinance that might apply to both cities. Since that time, in addition to contacting the City of Nampa, he also contacted the Ada County Highway District and the City of Boise who have stormwater policies to see if they would be interested in considering a uniform policy. They were less than enthused about the prospect. In the meantime, the Nampa City Engineer Book 39 Page 325 reviewed the Policy, made several comments which were presented in a workshop of the City Council and also placed in the proposed Stormwater Policy Manual that was before them. tonight. In implementing this Policy, the Ordinance does two things. First of all, it removes from the responsibility of the City Engineer the soul responsibility for coming up with all of the regulations and provisions that belong in the Policy and places, in part, that responsibility on Council. The second thing was that it proposes and implements an appeal process for those that feel may be aggrieved by the application of the Policy. That appeal would be made directly to the City Council and would be decided during the course of a City Council Meeting. Mr. Law continued saying that since this Policy was made a part of Council's packet, some comments have come into the Engineer's Office. Those comments had merit and he would suggest that Council consider some amendments be considered to the Policy. He referred Council to Section 101.1.6, Page 8, Engineer's Rule. He received a copy of a letter from the Board of Professional Engineers concerning this particular section of the Policy which indicates that in accordance with Idaho Code, this section was not in compliance with the State Code. He would propose an amendment to the three paragraphs as follows: In paragraph 1, strike the words, "serving a single lot development area one (1) acre or larger or a multi lot development." It would then read, "the design of any storm drainage system shall be under the responsible direction and control of an Engineer having requisite training and experience in stormwater system design. All drawings and reports shall be certified by the Engineer in responsible charge." Another amendment to that section would be that the entire paragraph two which presently reads, "Single lot developments smaller than one (1) acre may, with approval of the City Engineer, be designed by non - registered individuals experienced in the field, but the same standard of care and submittals shall be required of the non - professional ". With those two changes, this rule would comply with the State Code. Mr. Law stated that the next amendment was a minor one in Section 103.2.4. This Section refers to the location of storage facilities, but makes reference to a slope for the storage facility to be located on a private lot. The way the slope was designated was in accordance with the structural standards which was 1:5. The better way to express this was according to the land leveling standard which would be 5:1. A similar amendment would also apply to Section 103.5.2 which would be to replace 1:4 with 4:1; replace 1:2 with 2:1 and replace 1:5 with 5:1. The City Engineer stated that there was one additional comment that was presented to him which was one of the items contained in this Policy was in conflict with a DEQ Standard. This was on Page 22, 104.4.1 pertaining to sand filter. The particular statement in question was, "The top surface of said fine aggregate shall be located at a minimum of one foot above the high water elevation." The DEQ requirement was three feet above the high water elevation. During the course of discussion with the person malting this comment, we noted that in the City of Caldwell, the difference between the surface and high water elevation was not very much and the possibility exists that it would preclude this as a treatment and disposal method in the City of Caldwell if we weren't careful. They agreed they would talk to DEQ which he did and suggest to them that they aright re -look at that. DEQ indicated to him that they would begin the discussion to consider our particular situation. In addition, they also said although they make suggestions concerning these items, they have no enforcement provision regarding those suggestions. An additional item Mr. Law mentioned was this Policy should be considered as being adopted on an interim basis. At the present tinge, the EPA was formulating regulations and were out to public comment that will apply to the City of Caldwell sornetime within the next year. When they do apply, we will likely have Book 39 Page 326 to revisit this Policy again to figure out how both regulations could be implemented and included within the language and wording of this Policy. The Mayor noted that up until now, the City of Caldwell has not had a Stormwater Policy in place; therefore, placing the burden of regulations on the City Engineer which was not fair. It also places the City in a position of possibly being arbitrary in their decisions. This will also be the Policy Nampa will be adopting. He further stated that this would be considered an interim policy. There was a short discussion among the Council Members. Councilwoman Earl asked the City Engineer to look at Page 16, 103.2.4, the Location of the Storm Drainage. It was discussed in a workshop that it would be a common lot for the drainage retention facility or it could be placed in an easement. The City Engineer indicated that this was correct. She also asked if it was provided within an easement, would they have to talk with the City Engineer first. Mr. Law indicated that there were requirements which was the purpose of this statement. Councilman Wells commented that he would suggest that the word "shall" be changed to "may" in Section 101.1.1 on page 7. This change was agreed to. Mr. Wells further requested a change in 103.4 in the last sentence. It now read, "The City does not accept responsibility maintaining vegetation or landscaping or drainage facility located on private property or in common lots." His request was that between vegetation and landscaping be changed to read, "and/or ". This change was also agreed to. MOVED by Earl, SECONDED by Gable to close the public testimony portion of this matter. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor requested Findings of Fact and Conclusions of Law. Before proceeding, Councilwoman Earl stated that she would like to bring up the question of time for the interim policy. It was her feeling that when adopting an interim policy, there should be determined a definite ending to the policy. Mayor Nancolas stated that he believed a two year time frame would be appropriate. Councilwoman Earl presented the following Findings of Fact: • This Stormwater Policy has been presented to the City Council; we have had workshops on it, taken public input regarding the policy, and Council has responded to that public input. The Mayor added: • The City does not currently have a policy in place. Councilwoman Earl stated: • This brings the City into compliance with Idaho Code. Councilman Evans: • We were proposing this as an interim policy and will have the option to revisit it at the appropriate time in the future. _ Councilwoman Earl: ® This Ordinance also provides for an appeal procedure if there was any conflict within the public or concerns as to how it was being handled. Councilman Gable added: • This Policy has the supporting documentation to provide us being in compliance and also in concert with other cities in the area. MOVED by Earl, SECONDED by Langan to accept the Findings of Fact. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. Book 39 Page 327 MOTION CARRIED Councilwoman Earl presented the following Conclusions of Law: The City Council has the authority under Article 12, Section 2 of the Idaho Constitution and Idaho Code, Section 50 -201, 50 -302, 50 -313, 50 -332; 50- 333; 50 -1703; 67 -6502; 67 -6503; and 67 -6518 to hear this ordinance and adopt it; This meeting has been properly noticed and held and conclusions found based upon the Findings of Fact; It was in the best interest of the City of Caldwell and the residents therein to adopt the policy for stormwater management. MOVED by Ozuna, SECONDED by Gable to accept the Conclusions of Law as presented. Roll call vote. Those voting yes: Ozuna, Langan, Wells, Gable, Evans, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans that Council adopt the Ston- nwater Policy as amended; that a two year time limitation be placed on it. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Gable that the Public Hearing be closed. Roll call vote. Those voting yes: Earl, Ozima, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. IT[6 IYf�WEIVAIfflu" Mayor Nancolas officially closed the Public Hearing. (CONSIDER BILL NO. 21 TO AMEND THE CITY CODE WITH REGARD TO STANDARDS FOR STOI MWATER DRAINAGE SYSTEMS) Mayor Nancolas read Bill No. 21 as amended by title only as follows: AN ORDINANCE AMENDING TIIE MUNICIPAL CODE OF THE CITY OF CALDWELL, CANYON COUNTY, STATE OF IDAHO, BY ADDING A NEW CHAPTER 13; PROVIDING FOR THE ESTABLISHMENT OF STANDARDS TO BE APPLIED TO STORM DRAINAGE SYSTEMS; PROVIDING TIIE PROCEDURE FOR REVIEW AND ADOPTION OF SUCH STANDARDS BY THE CITY COUNCIL; PROVIDING THE PROCEDURE FOR AMENDMENT OF SUCH STANDARDS; PROVIDING THE PROCEDURE FOR REVIEW OF DECISIONS BY ADMINISTRATOR OF SUCH STANDARDS; AND PROVIDING FOR AN EFFECTIVE DATE. MOVED by Earl, SECONDED by Langan to waive the rule requiring; that this Bill be read at three separate times and read in full for the one reading and pass the Bill on first reading. Roll call vote. Those voting yes: Earl, Oztuia, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 39 Page 328 MOVED by Earl, SECONDED by that Bill No. 21 as amended be passed and entitled Ordinance No. 2242 after the one reading by title only. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Ozuna, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (INTRODUCTION OF NEW MEMBER ON THE PLANNING AND ZONING COMMISSION) The Mayor introduced Matt Beebe who was the newest member to the Planning and Zoning Commission. He further stated that Mr. Beebe came forward and requested that he be considered for this position which was greatly appreciated. (PUBLIC HEARING ON ASSESSMENT ROLL FOR LID 98 -3 — FLORIDA, CHERRY, ALDER PAVING) Mr. Law, the City Engineer, presented background information on this item stating that this matter was for Council to consider confirmation of the Assessment Roll for L.I.D. 98 -3 which was for construction of street and drainage improvements on Florida, Cherry, and Alder Streets. Two weeks ago the Council accepted the assessment roll prepared by the Engineering Department based on the costs and allocation of costs for this project. This was the time set for those affected by the LID to have an opportunity to protest either for or against the Assessment Roll as prepared. The Public Hearing was opened. The Mayor noted that no one was signed to speak during the Public Hearing. Mr. Law informed the Mayor and Council that there were several comments made, but they were able to be disposed of without bringing them to this meeting. MOVED by Earl, SECONDED by Ozuna that the Public Hearing be closed. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 38 TO CONFIRM THE ASSESSMENT ROLL FOR L.I.D. 98 -3) Mayor Nancolas read Bill No. 38 by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 98 -3 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS, MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID Book 39 Page 329 HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. MOVED by Earl, SECONDED by Wells to waive the rule requiring that a bill be read at three separate times and read in full for the one reading and pass on the first reading. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Langan that Bill No. 38 be passed and entitled Ordinance No. 2259 after the one reading by title only. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING TO CONSIDER THE CALDWELL EAST URBAN RENEWAL PLAN OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL) Mayor Nancolas announced that the next matter to come before the City Council was a Public Hearing to consider the East Urban Renewal Plan of the Urban Renewal Agency of the City of Caldwell. He further stated that he was going to excuse himself from chairing this particular matter so he could be a part of the Staff Report. Cotutcil President, Rita Earl, would conduct and be the Chairman of this Hearing. This was not a Quasi Judicial situation, but a legislative issue. Council President Earl assumed her position as the Chairman and proceeded by opening the Public Hearing. She requested that those caring to testify come forward and sign the appropriate sheets. The testimony was then presented as follows. Garrett Nancolas, 1914 Santa Clara Drive in Caldwell, addressed Council and the audience stating that it was a pleasure to be here. He reminded Council that this was a tremendous opportunity for the City to partner with and work jointly with every taxing entity in the area to move forward and to become extremely progressive in the area of economic development. They visited the Idaho Department of Commerce early this year and had the privilege of visiting with Mr. Tom Arnold, Jan Blickenstaff and Cliff Long for the purpose of learning more about economic development and about how other cities conducted themselves. One of the questions they asked was whether we had an Urban Renewal Agency which we did not have. At that time, we decided to learn all we could about renewal agencies and the potential benefits and pitfalls. During this process, we visited many including Ken Harward, Larry Bledsoe, Mayor Brent Coles, and Mayor Ted Ellis. Many of these cities already had an Urban Renewal Agency in place so we learned many things. After determining that this was something we wanted to pursue and be involved in, we went to work seeking input from many sources including a workshop at West Valley Medical Center, visited with the Seniors, the Staff from the City, spent a day at the high School talking to the Seniors, talked with businessmen and the Chamber of Connrnerce, the Transportation Board, and etc_ Mayor Nancolas continued stating that professional help was requested from Mr. Skinner, an Attorney in the area with great expertise in the formation of Urban Renewal Agencies and also spent a great deal of time with Ken Harward. Staff and Council Members also spent many, many hours in forming this plan and he Book 39 Page 330 believed this plan presents a focus to the future that the City has never had before and a quality of life with far reaching benefits. There has been overwhelming and broad based support for this plan. The Mayor then presented the following exhibits and read them into the record: PR -1, a memo from the Mayor to the City Council establishing the Findings of Fact; PR -2, a letter from Ralph Kittle, Chairman of the Board for Canyon Highway District No. 4; PR -3, a letter from Carl Anderson, Chairman of the Caldwell Economic Development Council; PR -4, a letter from Tracy G. Silver, Vice President and Manager of Farmers and Merchants State Bank; PR -5, a letter from John A. Deroin, Vice President and Manager of Western Bank; PR -6, a letter from Robert L. Hendren, President of Albertson College of Idaho; PR -7, a letter from Thomas A. Arnold, Director of the Department of Commerce; PR -8, a letter from Rick Jackson, Chairman of the Board for the Caldwell Chamber of Commerce; PR -9, a letter from Vaughn Heinrich, Superintendent of the Vallivue School District 139; PR -10, a letter from Rick Miller, Superintendent of the Caldwell Public Schools, District No. 132; PR -11, a letter from James C. Blacker, President of Blacker's; PR -12, testimony presented by Gordon Law; PR -13, written testimony presented by EIJay Waite. Chairman Earl commented that she would be taking part in the proceedings and would be voting as a Member of the City Council. In conducting the meeting, she did not lose her right as a Councilperson to vote. Linda James, the Community Development Director, City of Caldwell, presented her comments in support of the Urban Renewal Plan followed by Gordon Law, the City Engineer for the City of Caldwell who presented his testimony which was in written form designated as PR -12. EIJay Waite, the Finance Director for the City of Caldwell, presented his findings to support the Plan which were labeled as PR -13. A five minute recess was requested. At 8:30 p.m_, the meeting was reconvened. Those in favor of the Caldwell East Urban Renewal Plan of the Urban Renewal Agency of the City of Caldwell included the following: Fred Cornforth, Idaho Development and Housing Association, 317 Happy Day Boulevard; Rick Jackson, 468 West Orchard Boulevard in Nampa, Chairman of the Board of Directors for the Caldwell Chamber of Commerce; Jim Birdsall, 2211 Scyene Way in Boise; Mayor Brent Coles, City of Boise; Gary Vezzoso, 24712 Middleton Road in Middleton; Ray Wolfe, 1509 Oregon Street, a member of the Caldwell Economic Development Program Executive Board; Bill Gigray, 111, 1523 Dearborn Street; Mark Adams, 320 Hilldrop; and Ken Harward, 851 Muir Drive, Nampa. The Chairman noted that there was no one signed in opposition. The next step would be to close the Public Hearing. The Mayor did thank everyone who took part and presented their comments and he again expressed how excited he was with regard to this Urban Renewal Plan. In addition, he encouraged that the City Council consider passing the Ordinance on the first reading as he believed it was substantiated that there was broad based support. MOVED by Langan, SECONDED by Evans to close the public testimony. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED Chairman Earl presented a listing of the evidence to be certain that all was included and noted that it was as listed previously. MOVED by Langan, SECONDED by Ozuna to accept the evidence as presented. Book 39 Page 331 Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilman Evans asked if it would be appropriate in the interest of time to make a blanket statement of acceptance of the Findings of Fact that all of the evidence that was submitted noted. It was agreed to be appropriate to do so. Councilman Evans presented the following Finding: ® The Findings of Fact have been presented and were on the record and were a matter of official documentation and should be accepted as such. Councilman Wells added: By public testimony, all of the taxing districts were in support; ® There was broad based support; ® No testimony or questions were in opposition. MOVED by Evans, SECONDED by Gable to accept the Findings of Fact as presented. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED Conclusions of Law: The Chair, Councilwoman Earl, presented the Conclusions of Law as follows: The City Council has the authority to adopt Urban Renewal Plan in compliance with applicable ordinances and codes; The hearing on the proposed plan was properly noticed; The Findings of Fact support the conclusion that the Urban Renewal Plan will not adversely impact the citizens of Caldwell, but will provide a workable program that will utilize public and private resources to eliminate and prevent the development or spread of blight within the project area and that will encourage and assist in the rehabilitation of the development of these areas. MOVED by Evans, SECONDED by Gable to accept the Conclusions of Law as presented. Roll call vote. Those voting yes. Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Evans, SECONDED by Gable to amend the Plan as presented in the written description by Mr. Waite. Roll call vote. Those voting yes: Evans, Earl,,Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION ,CARRIED MOVED by Evans, SECONDED by Langan that the Order of Decision would be to approve the Caldwell East Urban Renewal Project as presented this evening. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. Book 39 Page 332 MOTION CARRIED MOVED by Gable, SECONDED by Wells to close the Public Hearing. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER SILL NO. 39 TO ADOPT THE CALDWELL EAST URBAN RENEWAL PLAN) Chairman Earl read Bill No. 39 by title only as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, APPROVING AN URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL AREA; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY, STATE AND OTHER OFFICIALS; PROVIDING FOR A LIMITATION ON ACTIONS AGAINST THE PLAN AFTER 30 DAYS FROM THE EFFECTIVE DATE OF THE ORDINANCE; PROVIDING FOR A WAIVER OF THE READING RULES; PROVIDING FOR SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE. MOVED by Langan, SECONDED by Wells to waive the rule requiring that a bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Langan, SECONDED by Evans that Bill No. 39 be passed and entitled Ordinance No. 2260 after the one reading by title only. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED (SPECIAL PRESENTATIONS) Mayor Nancolas informed everyone that he would like to go back to the portion of the Agenda regarding special presentations. There were a couple of gentlemen that were not present earlier in the meeting. First of all, he stated that he would like to acknowledge Mr. Ken Harward who has guided and taught the City of Caldwell pertaining to the Urban Renewal Plan. Without him, the City could not have accomplished this and he has been greatly appreciated. The Mayor -- presented a plaque to him to acknowledge that appreciation. The Mayor also recognized Mayor Brent Coles of Boise who has done so much for the Valley. He has worked for the betterment of the Valley in many ways including the fight against drugs and trying to develop a quality of life which includes family. Mayor Nancolas read a Declaration that was passed at the A.I.C. Conference and asked the City Council to reaffirm this Declaration. MOVED by Earl, SECONDED by Ozuna to reaffirm the Declaration as presented by the Mayor. Book 39 Page 333 Roll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED Mayor Nancolas then presented a plaque to Mayor Coles to reflect the appreciation for his dedicated cornnitment to create a drug free Treasure Valley. A five minute recess was called after which the meeting was reconvened. (APPROVE BID FOR STREET DEPARTMENT TRUCK) Councilman Wells explained that with regard to this bid for a truck, it did allow for a trade in. With the trade in, the net cost was well below what was budgeted. The concern he had was whether the City was getting the best deal on a used truck. In talking with the City Engineer, he suggested that both he and Councilman Gable take a look at the truck. Councilman Gable stated that they did inspect the truck and they felt it might better serve the City to have a small amount of reconditioning done to this vehicle and not to trade it in. It could then be offered for public auction at a later time. The City could realize a greater value in proceeding in this manner. It was their recommendation to Council that they continue with the bid in the full amount for a new truck, but to not include a trade in. MOVED by Gable, SECONDED by Wells to approve the bid for the Street Department truck in the amount of $78,750 which was the price of the truck without the trade in and to approve the City Engineer taking the additional amount from the Contingency Fund. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED (RECOMMENDATION FROM PLANNING AND ZONING TO APPROVE CASE NO. SUB- 28F -98, FINAL PLAT OF FALCON RIDGE ESTATES NO. 2) The Mayor stated that the next item was a recommendation from Planning and Zoning to approve the final plat of falcon Ridge Estates No. 2. He requested that the Community Development Director present the background information on this matter. Mrs. James explained that this did go before the Planning and Zoning Commission on December the 14` at which time they found all to be in order and have recommended to Council that the final plat be approved. She also noted that Talon Court would interconnect with West Valley Estates, Phase 7 which would interconnect with Homedale Road. A letter of commitment was also received from First Security Bank for completion of the infrastructure in the sunn of $37,800 which was approved by the City Engineer. MOVED by Earl, SECONDED by Evans to accept the recommendation from the Planning and Zoning Commission to approve the final plat of Falcon Ridge Estates No. 2. Roll calk vote. Those voting yes: Earl, Ozuna, Wells, Gable, and Evans. 11 voting no: none. Absent and not voting: Langan. MOTION CARRIED It was pointed out to Council that they did need to present Findings of Fact. Book 39 Page 334 MOVED by Earl, SECONDED by Evans that the Staff Report and the Findings of Fact from the Planning and Zoning Commission be accepted. Roll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED Councilwoman Earl presented the Conclusion of Law as follows: • The City Council has the authority to hear this case and to approve the final plat for Falcon Ridge Subdivision; • Public Notice requirements have been met and the Hearing was conducted within the guidelines of the Idaho Code and City Ordinances. MOVED by Earl, SECONDED by Gable to approve the Conclusions of Law as presented. Roll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED (PUBLIC HEARING ON RECOMMENDATION FROM PLANNING AND ZONING TO APPROVE CASE NO. ZON- 04AA -98, A REQUEST BY NEWELL LAVOY FOR A ZONE DESIGNATION OF R -1 FOR 24 ACRES ANNEXED INTO THE CITY IN 1994) The Mayor explained that this Public Hearing was Quasi Judicial and those signed to speak will need to be sworn in. He reviewed the format for Public Hearings and declared the Hearing open. He then inquired if there was anyone on the Council who has ex parte communications or a conflict of interest. Councilwoman Earl informed the Mayor that prior to this issue coming back to Planning and Zoning and to the City Council, she did have a number of conversations with various people regarding this. Therefore, she would like to abstain from this matter. Mrs. James, the Community Development Director, was sworn in by the Acting Clerk and presented Exhibit PZ -1000, a copy of the Assessor's Map showing the site. She continued stating that it was noted in the application report that this did come before the Planning and Zoning Commission and they made a recommendation to the City Council that the R -1 zoning designation for this parcel annexed in 1994 be approved. The background information included in the Staff Report read as follows: On April 23, 1994, Newell LaVoy submitted an application to the Caldwell Planning and Zoning Department for annexation of approximately 24 acres. He requested that this property be annexed into the City as an R -1 zone. At the time of his request, there were three existing residential zones: R -1, Low Density Residential; R -2, Medium Density Residential; and R- 3, High Density Residential. The Planning and Zoning Commission, at a hearing held June 16, 1994 voted unanimously to recommend to City Council that Mr. LaVoy's request for annexation as an R -1 zone be approved. The City Council's action on July 18, 1994, was to annex the 24 -acre parcel with two zones. A portion of the western boundary of the site, which abuts the eastern side of Ray Avenue, was zoned R -S; the remainder of the site was zoned R -1. However, the legal description set in the ordinance describes the entire 24 -acre parcel and does not set forth a description for R -I or R -S respectively. On October 27, 1998, Mr. LaVoy requested that this zone designation be R -1 as initially requested in 1994. That was the reason for the hearing tonight. Mrs. James also noted an Attachment B, a copy of the location map. At the hearing held before Planning and Zoning on d November 23`, no one testified in opposition. Rick McGraw was in attendance Book 39 Page 335 to represent Mr. LaVoy. The Commission did conclude that it was appropriate to recommend to Council that the 24 acre parcel be designated as R -1. Mark Hilly, Attorney at Law, 621 Cleveland Blvd., was sworn in by the Acting Cleric. Mr. Iiilty stated that the current Caldwell City Zoning Ordinance snakes reference to and has language about R -S Zoning and a sub -zone R -S, which was R -S2. The problem presented to us was one of notice and whether these additions to the Zoning Ordinance, which took place back in 1994, were properly noticed and if they were not properly noticed, what would be the effect of that. Mr. Hilty further stated that his fine has reviewed this matter. Zoning Ordinance amendments were made pursuant to Idaho Code, 67 -6511, which requires that notice be required in accordance with Idaho Code 67 -6509. There was at least one problem with notice that was failed. It was the legal opinion of the City Attorney that notice was inappropriate and that was fatal to the action of the Council at the time that the Zoning Ordinance was amended. What this means was that R -S and R -S2 Zoning do not legally exist. As Council makes their decision tonight with respect to these requests for R -I Zoning, you will hear evidence and testimony regarding a deal that was made at the time to establish the R -S and R -Sl and R -S2 which were zones that were less dense than the R -I Zone which was then the least dense zone in the Caldwell. He also pointed out that his investigation has also indicated that it appears that the error in notice was clearly inadvertent and took place within the context of the City attempting to accommodate adjoining property owners out there in an effort to decrease the density of the zoning. Unfortunately, it was his legal opinion that the process was not completed effectively. As Council deals with these issues, it was his opinion that Council needs to apply one of the existing Caldwell zoning designations to these applications. Mayor Nancolas recognized the following who were sworn in by the Acting Clerk and spoke in favor of this request: Newell LaVoy, 1421 Roper Mt. Road, 4241, in Greenville, South Carolina. W. LaVoy presented some background information with regard to this matter. A tape of these proceedings will be available for review in the City Clerk's Office. The Mayor then recognized the following who were sworn in by the Acting Clerk and spoke in opposition to this zoning request: Sonia Huyck, 17576 Providence Lane in Caldwell; Melisa Huyck, 3810 Brian Avenue did not testify, but was in agreement with Mrs. Huyck; B..1. Parker, 5301 South Tenth did not testify, but was in agreement with Mrs. Huyck; Dixie Parker, 5301 South Tenth. There were questions and some discussion by the Council Members with those who testified in opposition. During the discussion, B.J. Parker, 5301 South Tenth, was recognized, sworn in and testified. Mr. LaVoy also made his closing statement after which the Mayor informed Council the available options at this time. MOVED by Gable, SECONDED by Wells to close the public testimony. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan. Abstain: Earl. MOTION CARRIED The Mayor officially closed the public testimony and informed Council that it would be appropriate at this time to do a Comprehensive Plan Analysis or continue the public hearing. Councilman Gable noted that it was clear to him that this gentleman made an application 'for a zone change. He had the full and entire belief that this was the zone change he would receive. That has ° never been changed in his mind by either written communication from the City or any other type of verbage. Yet, he had a piece of property that was zoned differently than what he was expecting to receive. Instead of one designation, he got three and Book 39 Page 336 probably only paid for one. Councilman Evans also pointed out that the other side had the understanding that there was going to be buffering to protect them. Councilman Evans presented Comprehensive Plan Analysis as follows: • Land Use: Goal: To manage growth by channeling it into orderly community and to establish policies that will serve as a basis for decision making by officials related to the development and appropriate use of land in Caldwell. • Residential Categories: 1. The City will designate ample areas of land use map of this plan to satisfy the demands for anticipated residential development; 2. Adopted plans and ordinances should provide for a variety of attractive, safe, residential neighborhoods satisfying the housing needs, lifestyles and income levels of all residents; 7. City will strive to achieve appropriate buffering and adequate transition between different classifications of uses when considering applications for new uses, land development, zone changes and annexation. • Housing: The City shall provide, through its authority to establish zoning districts, a mixture of residential districts that will provide for a diversity of housing types at varied locations throughout the community. MOVED by Gable, SECONDED by Evans to accept the Comprehensive Analysis to include the Land Use Goal; Residential Category Policies No. I and 2; Housing, No. 1. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan. Abstain: Earl. MOTION CARRIED Mayor Nancolas presented the Evidence List as follows: The Staff Report, Sign up sheets; PZ -1000. MOVED by Ozuna, SECONDED by Evans to accept the Evidence List as presented. Roll call vote. Those voting yes: Ozuna, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Earl. MOTION CARRIED The Mayor then asked for Findings of Fact. After a short discussion, Councilman Wells presented the following Findings of Fact: • Three sides of the property have R -1 zoning designation, one of the sides being County R -1 zoning designation; • R -lwas the lowest density that the City currently has and it was what was requested by the applicant; • The Staff Report Findings of Fact to be adopted and included; • The Comprehensive Plan Analysis supported an R -I designation; Councilman Evans added: • Zoning of R -S was not valid due to the legal opinion of the City Attorney from an error in a previous hearing. MOVED by Gable, SECONDED by Evans to accept the Findings of Fact as presented. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan. Abstain: Earl. MOTION CARRIED Book 39 Page 337 Councilman Evans presented Conclusions of Law: m This Council was authorized by Idaho State Code to judge matters such as this; • This Hearing was properly noticed in the paper; ® The Hearing was conducted within the guidelines of the Idaho Code and City Ordinances. MOVED by Gable, SECONDED by Evans to accept the Conclusions of Law. Councilman Evans noted that he cared a lot about Caldwell and the people who lived here. He did not see where the applicant did anything wrong in this particular case and neither did those in opposition. It was a no win situation; but based on the facts as he saw them, this was the way it had to go. He did hope that the applicant would be a good neighbor and in the future as the development occurs, things will be good for all. After several more comments, the Mayor asked for a roll call vote. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan. Abstain: Earl. MOTION CARRIED MOVED by Evans, SECONDED by Gable that the Order of Decision be to accept the applicant request to zone 24 acres that he owns with an R -1 designation annexed into the City in 1994. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan. Abstain: Earl. MOTION CARRIED MOVED by Gable, SECONDED by Ozuna to close the Public Hearing. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan. Abstain: Earl. MOTION CARRIED (PUBLIC HEARING ON RECOMMENDATION FROM PLANNING AND ZONING TO APPROVE CASE NO. ZON- 04A -94, REQUEST BY WEST VALLEY DEVELOPMENT, LLC, FOR ZONE DESIGNATION OF R -I FOR ABOUT 57 ACRES ANNEXED INTO CITY IN 1994) (PUBLIC HEARING ON RECOMMENDATION FROM PLANNING AND ZONING TO APPROVE CASE NO. SUB- 25P -98, REQUEST BY WEST VALLEYD EVELOPMENT, LLC, FOR PRELIMINARY PLAT APPROVAL OF WEST VALLEY ESTATES PHASES G, 7 AND 8 TO DEVELOP 233 LOTS ON AREA KNOWN AS ZON- 04A -94) The Mayor noted that the City Attorney has indicated that this Public Hearing and the next Public Hearing could be heard simultaneously as far as testimony. At the end of the public testimony portion, the Comprehensive Plan Analysis,, Findings of Fact and Conclusions of Law must be rendered separately. ?Mayor Nancolas continued stating that this was the time and place designated for the Public Hearing on both of these issues on recommendation from Planning and Zoning Commission to approve Case No. ZON- 04A -94 and to approve SUB -25P- 98. This was a Quasi Judicial matter and everyone testifying will be sworn in by the Acting Clerk. He indicated that the same procedure will be followed during Book 39 Page 338 this hearing. The Mayor then opened both of the Public Hearings and asked if there was anyone with a conflict of interest or ex parte communications. Councilman Wells informed the Mayor that he did speak with one of the residents in the area and had some concern about taking part in this matter. The City Attorney agreed and Councilman Wells was excused from taking part during this Public Hearing. Mrs. James, the Community Development Director, was sworn in and presented the Staff Report stating that this matter came before the Planning and Zoning Commission in October 18, 1998. The matter was then sent on to City Council with the recommendation of denial. At a Council Hearing on November 2, 1998, the City Council unanimously voted to remand the applications back to the Planning and Zoning Commission to correct procedural errors made in 1994 when this area was annexed and zoned with R -S and R -S -2 designation. Mrs. James stated that they do need to understand that when the R -S and R -S -2 zones were "adopted" , it included an area of approximately 200 acres. The 1LaVoy property was thrown in with the West Valley property and at some time the Mark Hopper property was also included in the annexation issue. A lot of errors did happen which were really no one person's fault and we were here tonight to try to rectify those errors. The Director further stated that the matter did go before Planning and Zoning after remanded back by City Council on November 23, 1998. At that time, the Planning and Zoning Commission did recommend that the site be zoned R -1 and that the subdivision application be approved. You will note that under Section 2.14.3 of the Staff Report that Silverbow Subdivision borders the east side of West Valley Phase y. Two of the 10 lots along this boundary were 4318 square feet; eight were 4675 square feet; and two were 6525 square feet. There were eleven Silverbow lots bordering the north side of West Valley Phase 7. Nine of the eleven lots were 4675 square feet; one was 4760 square feet; and one lot was 6771 square feet. It should be noted that these lots do not meet minimum lot sizes because Silverbow was approved as a PUD, which permitted smaller lot sizes. The Idaho Development and Housing Organization, Inc., which assists low income persons in purchasing a lot and physically constructing their respective homes has purchased 20 of these lots in Silverbow. The approximate valuation of the lots and home was $62,000. Falcon Ridge Subdivision borders the eastern boundary of West Valley Estates Phase 7. Of the 16 lots bordering West Valley, 11 were 6000 square feet; three were between 6149 and 7680 square feet and one bisected by Phyllis Canal was 10,476 square feet. At the hearing held on the zone, the Planning and Zoning did recommend that it be approved as R -1. The hearing held on the subdivision which was a concurrent part of this application, Planning and Zoning did recommend that the subdivision application be approved for preliminary plat approval. A plat was included in the Council's packet. The City Council presented a number of questions to the Director after which the Mayor recognized the City Attorney, Mark Hilty. Mr. Hilty was sworn in by the Acting Clerk and stated that the legal issue with regard to this matter was virtually the same as the hearing just concluded. All of this property was zoned R -S or R- S-2. At the time it was annexed, his legal analysis here was identical to the one before. There were notice errors when the zoning ordinance was amended. As you consider this application, it was his legal opinion that Council cannot consider R -S, R -S -1, or R -S -2 zoning. Currently, there was property annexed into the City without a zoning designation. By State haw, they were required to have a zoning designation. Councilwoman Earl stated that the application before them was for R -1 Zoning and Council was in the position where they would have to either approve or deny R -1 Zone. Council cannot on their own put in any other zone designation. Mr. Hilty agreed that they could not arbitrarily decide that. Book 39 Page 339 The Mayor encouraged those signed to testify to speak with regard to both matters at the same time. The following were recognized, sworn in by the Acting Clerk, and testified in favor of the zone designation of R -1 and the preliminary plat approval of West Valley Estates, Phases 6, 7, and 8: Wayne Forrey, 3045 Thayer Place, Boise, Idaho, who presented two documents. One was the R -1 Zoning Request to be referred to as PR -1 and the Preliminary Plat, Phases 6, 7, and 8 to be referred to as PR -2. Mr. Forrey was here with the owners and developers of the West Valley Estate Subdivision. In the prior hearings as part of this application, they have had other exhibits brought to the City and he asked that those exhibits be incorporated as part of the hearing record. The changed Preliminary Plat for West Valley Estates Subdivision Phases 6, 7, and 8 was submitted by Mr. Forrey as Exhibit PR -3. Others testifying: Marls Clark, 9 Wall Street in Nampa; and Harmon Johnson, 6935 West Penneross Way, Meridian, who did not testify at this time. E1Jay Waite, 1910 East Homedale Road, signed to testify under the question and answer sheet. Mr. Waite was sworn in by the Acting City Clerlc and spoke briefly with regard to this matter. The following were recognized, sworn in by the Acting City Clerk and testified in opposition to this issue: Dixie Parker, 5301 South Tenth asked to pass at this time. Robert Torrey, 14836 Homedale Road who presented an exhibit, PR -4 which was a Staff Report from Plam7ing and Zoning dated January 18, 1996; Sonia Huyck, 17576 Providence Lane chose not to testify at this time; B.J. Parker, 5301 South Tenth Street, submitted a picture of his property which was labeled as PR -5; Sonia Hyuck, 17576 Providence Lane; Gary Eskew, 5315 South Tenth, agreed with what has been stated by Mr. Torrey and chose not to testify; Dixie Parker, 5301 South Tenth did testify at this time. At this time, there was a short discussion with regard to this matter. It was pointed out by Councilwoman Earl that there were ordinances in the City. Code as well as the State Code that they do have to follow. Councilwoman Earl further commented that this property has been annexed, but not properly zoned. The City Attorney has advised them that by State Code, the Council was required to zone the property. The application was to zone R -1 and Mr. Hilty has also advised Council that they do not have the flexibility to impose any other zone on this property. Council either has to approve as R -1 or deny. Further discussion occurred with regard to the preliminary plat and requirements in the subdivision ordinance with standards that have to be met. Again, it was pointed out that Council cannot step outside of their own ordinance in making requirements. After further discussion among the Council Members, it was MOVED by Earl, SECONDED by Evans to close the public testimony. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED The Mayor presented the evidence list for approval by the City Council as follows: Sign up sheets, the Staff Report; PR -1 which was a document presented by Mr. Forrey called West Valley Estates, R -1 request; PR -2, which was also presented by Mr. Forrey called West Valley Estates, Preliminary Plat; PR -3, which was the proposed new plat presented by Mr. Forrey; PR -4, which was a Planning and Zoning Staff Report dated January 18, 1996, presented by Mr. Torrey; PR -5, which was a picture of the B.J. Parker home submitted by B.J. Parker. MOVED by Earl, SECONDED by Evans to accept the evidence list as presented. Book 39 Page 340 Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED The Mayor reminded Council that the two matters were heard simultaneously, but it would be appropriate at this time to address the first Public Hearing, ZON -04- 94 which was the request by West Valley Development for a zone designation of R -1 for approximately 57 acres annexed into the City in 1994, with regard to Comprehensive Plan Analysis, Findings of Fact, Conclusions of Law, and Order of Decision. MOVED by Earl, SECONDED by Evans that the City Council adopt the Comprehensive Plan Analysis that was completed by the Planning and Zoning Commission which was in the Council's packet under item No. 5 where it states that the request complies with the following Comprehensive Plan components: Residential Categories, Policies 1 and 2; Housing, Policies 1 and 2. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED The following Findings of Fact were presented by Councilwoman Earl: • This property has previously been annexed into the City of Caldwell and has not been properly zoned; • That a problem with hearing requirements has come forth and been addressed; • Currently, the City of Caldwell does not have an R -S or an R -S -2 Zone designation; • The applicant has requested the zoning designation of R -l; • This zoning designation of R -1 does comply with the Comprehensive flan for Low Density; • There was confusion on the process for annexing this site in 1994 and at the present time residential districts in the City were R -1, R -2 and R -3; • Idaho Code does require that annexed property be zoned. MOVED by Earl, SECONDED by Gable to accept the Findings of Fact as presented. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED Councilwoman Earl presented the following Conclusions of Law: • The City Council has the authority to approve this application; • Legal notification requirements were met; • The hearing was conducted within the guidelines of Idaho Code and City Ordinances; • The applicable legal standards were the City of Caldwell Comprehensive Plan as amended, the City Zoning Ordinance 1451 as amended, and Idaho Code, Chapter 65, Local Planning Act; and the Annexation Code in the Idaho State Code. MOVED by Gable, SECONDED by Ozuna to accept the Conclusions of Law as presented. Roll call vote. Those voting yes: Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED Book 39 Page34I The Order of Decision was as follows: Councilwoman Earl stated that the Order of Decision would be that the subject: property be zoned R -1. MOVED by Earl, SECONDED by Evans that the City Council approve the request by the applicant for a zone designation of R -1. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. "Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED The Mayor then advised the Council to consider the second item of Public Hearing which was a recommendation from Planning and Zoning Commission to approve Case No. SUB- 25P -98 which was a request by West Valley Development, LLC. For Preliminary Plat approval of West Valley Estates, Phases 6, 7, and 8. Councilwoman Earl presented the Comprehensive Plan Analysis as follows: • The Planning and Zoning Commission's Comprehensive Plan Analysis was foLmd in the Staff Report, 16.1 and states that this request was in compliance with the following Comprehensive Plan components: Residential Categories, Policies 6, 9 and 10; Utilities, Policies 1, 2, and 3; Urban Storm Runoff Policy 1; Community Design, Policy 8. MOVED by Earl, SECONDED by Evans to accept the Comprehensive Plan Analysis as presented. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED The following Findings of Fact were presented by Councilwoman Earl: • The Preliminary Plat for Phases 6, 7, and 8 was in compliance with the Caldwell Subdivision Ordinance as amended; • The Council was going with the revised plat which was submitted as Exhibit PR -3; • There was one lot that was not in compliance, Lot 65 in Block 17; • The developer has proposed landscaping; • The developer has reduced the number of buildable lots from 228 to 225; • The developer has agreed to restrict the building height on lots 101, 102, 103, Block 17 of Phase 8 to being single story; • The developer has also agreed to either put in a ten foot wide landscaping strip or to have the extra land placed into the lot — This landscaping was along the west boundary line of Phase 8; • The developer has agreed to a rive foot fence subject to approval from Pioneer Irrigation District. MOVED by Earl, SECONDED by Gable to accept the Findings of Fact as presented. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no. none, Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED Councilwoman Earl presented Conclusions of Law as follows: Book 39 Page 342 The City Council has the authority to make a decision in this case which was approve or denial of the Preliminary Plat; The Hearing was legally noticed and was conducted within the guidelines of Idaho Code and the City Ordinances; The applicable legal standards were the City of Caldwell Subdivision Ordinance 1758 as amended and the City of Caldwell Zoning Ordinance 1451 as amended and Idaho Code, Chapter 65 as amended; MOVED by Earl, SECONDED by Gable to accept the Conclusions of Law as presented by Councilwoman Earl. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED The Order of Decision was presented by Councilwoman Earl as follows: MOVED by Earl, SECONDED by Evans that the Preliminary Plat for West Valley Estates Subdivision, Phases 6, 7, and 8 be approved with the following conditions which were included in the Staff Report as the conditions developed by the Planning and Zoning Commission under XIX which were as follows: • Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission, by a two to one vote, recommends to the Mayor and City Council that Case No. SUB- 25P -98, a request by West Valley Development, LLC, for preliminary plat approval to develop 228 residential lots and 5 common lots on approximately 57.32 acres in an R -1 Zone, is approved, with the following conditions: • Pursuant to Idaho Code 50 -1316, no lot shall be offered for sale or sold until the final plat has been approved and recorded; • No building permits shall be accepted for processing until the final plat has been approved and recorded; • No building permits shall be issued without written approval of the Fire Marshal; • Preliminary plat approval shall be effective for twelve (12) months, as set forth in Section 11- 02 -04, Subsection (6) B. Subdivision Ordinance No. 1758, unless an extension is other wise requested and approved; • In accordance with the requirements of section 11- 02 -04, Subsection 7, Subdivision Ordinance No. 1758, the developer has the option to file an application for final plat approval prior to commencing construction of improvements, or commence construction of improvements prior to requesting final plat approval. No construction shall be commenced without the written approval of the City Engineer; • All requirements placed on the preliminary plat by agencies having approval authority shall be met, or the financial guarantee for completion of work shall have been approved by the City Engineer, prior to submitting the final plat for public hearing. As a part of final plat application, the applicant shall submit written verification from the City Engineer that this requirement for final plat submittal has been met; • Final plat application submittal shall be in compliance with Section 11- 02 -06, Subdivision Ordinance No. 1758; • That further conditions be placed that a five foot fence along the Phyllis Canal be installed if acceptable to Pioneer Irrigation District and on both sides where bordered by West Valley property and on a single side where the property border only one side of the canal; • Accept Phases 6, 7, and 8 of PR -3; • That Lots 101, 102, 103 Block 17, Phase 8 were restricted to single story houses as well as accessory buildings; Book 39 Page 343 • Landscaping and that there be a provision for maintenance and it was the option of the developer whether he wants it as a ten foot laardscaping or if he wants to put it in lots and make sure it was in the CCRs; Mrs. James commented that Council has limited single stories on Lots 101, 102, 103. Council needs to somehow put a condition that accessory buildings can't exceed the height either. That condition should read, "any buildings ". • Any other conditions agreed to by the developer or his agents. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED MOVED by Earl, SECONDED by Ozuna to close the Public Hearings. Roll call vote. Those voting yes: Earl, Ozuna, Gable, and Evans. Those voting no: none. Absent and not voting: Langan. Abstain: Wells. MOTION CARRIED (FINANCIAL REPORT) Councilman Evans reported that the Finance Committee has reviewed current accounts payable in the amourit of $990,551.12 for the period ended October 14, 1998, and a net payroll of $128,591.21 for the pay period ended December 5, 1998. MOVED by Evans, SECONDED by Earl that accounts payable in the amount of $990,551.12 represented by check numbers 61083 through 61310 and payroll for the amount of $128,591.21 represented by check numbers 63767 through 63876 and direct deposit stub numbers 9520 through 9618 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED MOVED by Evans, SECONDED by Earl that since there was no further business, the meeting be adjourned at 1:20 a.m. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED APPROVED AS written THIS 4th DAY OT ,Tan Mayor C &&ilperson Councilperson ATTEST: City Clerk